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Labor Law Short Outline

This document outlines key topics in US labor law, organized into 12 sections. Section I discusses protected and unprotected concerted activities. Section II covers independent unions vs company unions. Section III defines majority rule and exclusivity. The following sections define employees and employers, cover access and propaganda rights, recognition processes, the duty to bargain, economic weapons, CBA enforcement, new activism issues, and available remedies.

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250 views2 pages

Labor Law Short Outline

This document outlines key topics in US labor law, organized into 12 sections. Section I discusses protected and unprotected concerted activities. Section II covers independent unions vs company unions. Section III defines majority rule and exclusivity. The following sections define employees and employers, cover access and propaganda rights, recognition processes, the duty to bargain, economic weapons, CBA enforcement, new activism issues, and available remedies.

Uploaded by

richardlipsky
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Labor Law Short Outline

I. §7
a. Protected
i. Concerted Effort
ii. Mutual Aid and Protection
b. Unprotected
i. Strikes where §7 rights have been waved (No-strike clause)
ii. Strikes done in harassing way (slow down, partial, too long)
iii. Violence
iv. Disloyalty
v. Insubordination
II. Company vs. Independent Union
III. Majority Rule & Exclusivity
IV. Definition of Employee
a. Paid Organizers
b. Amateur Organizers (Lechmere)
c. Migrant Workers (Hoffman)
d. Independent Contractors
e. Leased Employees
f. Students/ Interns
V. Definition of Employer
a. Supervisors (Nurses)
b. Single vs. Joint Employer
VI. Access / Propaganda
a. Employees
i. Work time/place vs. Non-work-time/place
ii. Oral solicitation / Literature distribution
b. Non-employees (Farm Fresh)
c. Employer propaganda (Threats / Benefits / Predictions)
i. Polling
ii. Laboratory Conditions
d. Discrimination (8(a)(3))
i. Motive
VII. Recognition
a. Voluntary Recognition Agreement
b. Proper Bargaining Unit (“Community of Interest”)
c. Compelled Recognition (Elections)
d. Recognitional Picketing (8(b)(7)
VIII. Duty to Bargain
a. Good Faith (8(a)(5))
b. Mandatory vs. Permissive
c. Unilateral Changes / Impasse
d. Independent contracting / work relocation / partial closure
i. Fibreboad/Dubuque/FNM
IX. Economic Weapons
a. Unprotected
i. Picketing (Recognition / Secondary)
ii. Timing
iii. Harassing (Sit down / slow down / partial)
iv. Disloyalty (Jefferson Standard)
b. Notice provisions
c. Employer Weapons (Q: “Inherently Destructive”?)
i. Permanent Replacement (economic vs. ULP strike)
ii. Lockouts
1. Partial
2. Replacements during
3. Subcontracting during
d. Union Weapons
i. Fines / Resignation / Expulsion
ii. Corporate Campaigns / Inside Strategy
iii. Secondary Boycotts (8(b)(4))
1. Prohibited Conduct
2. Prohibited Object
3. Exceptions to Primary Site Rule
a. Moore Dry Dock
b. Gates
c. Consumer Appeal Proviso (Coercive vs. Non-
coercive)
iv. Hot Cargo Agreements
X. Enforcement of CBAs
a. Arbitration
i. Procedural – result
ii. Substantive – is it arbitrabal
b. Duty of Fair Representation
c. CBA v. Other Laws
XI. New Activism
a. Agency Fees (opt in / out / chargeability)
b. Regulation of Internal Union Rules
XII. Remedies
a. LMRA 301 (damages)
b. Injunctions
c. Bargaining orders

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